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22/10/2021

Sex assault claim woman ran past gardaí as they arrived Naas court told

Alleged

Kildare man charged with attempt to give prisoner heroin in Naas Courthouse

Naas Courthouse

A woman, who claimed she'd been sexually assaulted and held against her will opened an apartment door to arriving gardaí and ran past them.

A man facing sexual assault and false imprisonment allegations appeared before Naas District Court on September 1.

The man, who can't be named for legal reasons, allegedly committed the offences on dates in June and August 2021 at an apartment.

Garda Andrew Kelly told Naas District Court on September 8 that the woman claimed she had been kept against her will on June 11 last.
He said when the gardaí arrived the alleged injured party opened the door and ran past him.
He claimed defendant was in the hall wearing boxer shorts and a jersey.
The court heard that the woman had accompanied the defendant from Dublin to Maynooth and they were socialising.
Gda Kelly added that 1.15am she sought to call a taxi but had no internet or credit.
He said it would be alleged the defendant indicated he would get a taxi and he tried to kiss her but she said no and she withdrew when he tried to use his tongue.
The defendant allegedly made contact with her breast outside her clothing and when he tried to open her jeans, she pulled his hand away
He placed her hand on his penis outside his clothing.
The defendant locked herself in a toilet and dialled 999.
The court also heard a male could be telling her to get off the phone.
Gda Kelly said the woman was afraid and shaken by the experience and he said no bail conditions would satisfy him that the defendant will not reoffend.
The Director of Public Prosecutions has directed that the defendant be prosecuted.
The defendant has a girlfriend in Northern Ireland and he was deemed a flight risk.
The garda said he believes he is a “serious risk to females.”
Defending solicitor David Powderly said it is likely to take 18 months or two years for the case to come up in court.
He said the defendant has already been signing on and has never missed a day.
His passport has been handed in and he has not applied for another.Mr Powderly said the defendant has not tried to contact witnesses and says he is innocent of the allegations.
It was also pointed out that there is no forensic evidence and “it is one person’s word against another.”
Mr Powderly said it would be unfair to hold him in custody when no hearing is likely for “years rather than months.”

The defendant told the court he is from Africa and has been in Ireland since 2018 and he would accept any bail conditions.
“I don’t know why I have been charged for a crime I didn’t commit. I want to find out why,” he said. Sgt Kelly said that this incident followed another allegation and amounted to breach of previous bail conditions.
Judge Desmond Zaidan said the court did not believe the defendant and the State’s objections to bail are well founded.
Refusing bail, he adjourned the matter to September 22 for a book of evidence.
Judge Zaidan also said the defendant is entitled to consular assistance.
He also said if the defendant secures bail elsewhere he must turn up in person for the next hearing. Otherwise the defendant is likely to appear via video link.

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